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Business LitigationStalking Lawyer In Conway, SC
Stalking refers to actions or words that are intended to make the subject of the stalking fearful, and it is a serious criminal charge that can lead to serious fines and penalties. If you are facing a stalking charge, bringing your strongest defense from the outset is key, and an experienced criminal defense attorney from Conway, South Carolina, is standing by to help you.
The Charge of Stalking
In the State of South Carolina, the charge of stalking is grouped with harassment, and it refers to a pattern of words – whether written, vocalized, or shared in electronic form – or a pattern of conduct that serves no legitimate purpose other than causing the subject of the stalking to reasonably fear any of the following:
- Bodily injury to themself or to a member of their family
- Damage to their own property or to the property of a family member
- Assault criminal sexual contact against themself or against a member of their family
- Kidnapping of themself or a member of their family
- Their own death or the death of a family member
The elements of the charge include the fact that the accused not only engaged in such a pattern of speech or conduct but also intended to incite fear in the victim. Finally, the accused’s words or actions must have caused the victim to experience fear or must have reached the level that they would strike fear in other reasonable people.
If the stalking incident involves violence, the charge can be enhanced to aggravated stalking.
Stalking Fines and Penalties
Stalking charges in South Carolina are felonies. For a first stalking charge in which there is no restraining order involved, the charge carries up to $5,000 in fines and a prison sentence of up to five years. If the accused was under a restraining order at the time of the stalking offense in question, the maximum prison sentence is increased to 10 years, and the fines are increased to $7,000. If the accused has a prior conviction for either harassment or stalking in the last ten years, they can face a maximum sentence of 15 years in prison and fines of up to $10,000.
Harassment in the First Degree
Stalking is an even more serious charge than harassment, but it is closely related. Harassment in the first degree refers to a pattern of intentional actions that intrude on the victim’s life in an unreasonable and substantial way. Again, these actions have no legitimate purpose other than harassing the victim, and examples include:
- Following the person around
- Damaging the person’s property
- Continued surveillance of the person
- Touching the person physically after they’ve complained or filed an action about it
Seek the Guidance of an Experienced Conway, SC, Criminal Defense Attorney Today
The formidable criminal defense attorneys at the Law Offices of L. Morgan Martin, P.A., in Conway, South Carolina, appreciate the significance of the stalking charge against you and have the keen legal skill and experience to help. To learn more, please don’t wait to contact us online or call 843-248-3177 for more information today.